S v Chapfika; S v Chirara (B 107 of 2021; B 93 of 2021; HH 76 of 2021) [2021] ZWHHC 76 (26 February 2021)
Applicants failed to address and prove the factors required by law to show they are not flight risks and are suitable for bail. The uncontroverted evidence of implication, recovery of proceeds, and risk of abscondment outweighs their unsupported denials and alibis.
- Citation
- [2021] ZWHHC 76
- Parties
- Applicant: Trymore Chapfika; Applicant: Charles Chirara; Respondent: The State
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 26 February 2021
- Case Number
- B 107 of 2021 ; B 93 of 2021 ; HH 76 of 2021
- Procedural Posture
- Criminal / Bail Pending Trial
- Outcome
- bail denied
- Legal Topics
- Bail, Armed Robbery, Flight Risk, Burden of Proof
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Trymore Chapfika
Applicant
Charles Chirara
Applicant
The State
Respondent
Procedural Posture
Criminal / Bail Pending Trial
Legal Issues
- 1 Whether the applicants are suitable candidates for bail pending trial
- 2 Whether the applicants have discharged the onus to show it is in the interests of justice to grant bail
Ratio Decidendi
Applicants failed to address and prove the factors required by law to show they are not flight risks and are suitable for bail. The uncontroverted evidence of implication, recovery of proceeds, and risk of abscondment outweighs their unsupported denials and alibis.
Court Disposition
bail denied
Orders
- The bail applications in regard to Trymore Chapfika B 93/21 and Charles Chirara B 107/21 are both dismissed.
- Copies of this composite judgment must be filed in each of the two records B 93/21 and B 107/21.
Full Case Text
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